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Irwin Law
Irwin Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7310
Experience:  Attorney 40 plus years private practice. Real Estate, Wills, Trusts, Injury claims. Still active.
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Does a servicer/lender on a mortgage leave itself open to a

Customer Question

Does a servicer/lender on a mortgage leave itself open to a FDCPA violation for sending a letter that states:
This is formal notice that the mortgage loan referenced above remains in default and the lender intends to foreclose. If you do not cure the default or enter into a foreclosure alternative program within 14 days of the date of this notice, the lender intends to exercise its rights to accelerate the mortgage debt and instruct its attorneys to start legal action to foreclose upon your mortgaged property.
And then doesn't take further action? (they actually did foreclose but it was a year after the letter)
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Irwin Law replied 11 months ago.

No. The FDCPA does not require lenders to proceed with foreclosure within any certain period of time after

this notice letter is sent. Please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. There is no additional cost to you. Thanks again for using JUST ANSWER.

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